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HomeMy WebLinkAboutFD 2021-002 - Resolution RESOLUTION NO. FD 2021-002 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AUTHORIZING JOINT POWERS AGREEMENT (THIRD AMENDED AND RESTATED) WHEREAS,the Rancho Cucamonga Fire Protection District("RCFPD")is a public agency located in the County of San Bernardino, State of California; and WHEREAS, Consolidated Fire Agencies ("CONFIRE") is a joint powers authority duly organized and existing under Section 6500 et seq. of the Government Code and its Joint Powers Agreement effective August 13, 1990, amended September 3, 2013 and September 17, 2013, amended again on or before December 4, 2019, and being amended again concurrently with this Resolution (collectively, the JPA"), whose members and parties are City of Redlands, City of Loma Linda, City of Colton, City of Rialto, Rancho Cucamonga Fire Protection District, San Bernardino County Fire Protection District, Chino Valley Independent Fire District, Apple Valley Fire Protection District, and effective upon the adoption of a resolution concurrently herewith by all Parties (defined below), the City of Victorville (collectively, the "Parties"). WHEREAS, as set forth in Exhibit A hereto, the Board of Directors of CONFIRE has recommended that each current party to the JPA and member of CONFIRE take action to substantially amend the JPA. NOW, THEREFORE, THE PRESIDENT OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT HEREBY RESOLVES, 1. The foregoing Recitals are true and correct. 2. The execution of the Joint Powers Agreement (Third Amended and Restated) shall not extinguish: (a) the obligation of Chino Valley Independent Fire District and Apple Valley Fire Protection District to pay the "Required Buy-In" set forth in preceding amendment dated December 4, 2019 as set forth therein; or(b)the obligation of the City of Victorville to pay the "Required Buy-In" less the "Premium Amount", set forth in in the resolution adopted concurrently with this Resolution. BE IT FURTHER RESOLVED, 1. The President of said board or his or her designee be and hereby is authorized to sign and execute the Joint Powers Agreement (Third Amended and Restated) attached hereto as Exhibit B on behalf of the Rancho Cucamonga Fire Protection District. 2. The Secretary of the RCFPD shall certify to the adoption of this Resolution. Resolution No. FD 2021-002 - Page 1 of 2 PASSED, APPROVED AND ADOPTED this 31d day of February, 2021. Dennis Michael, P eside ATTEST: L. nice C. Reynolds, Cle I, JANICE C. REYNOLDS , SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 31 day of February 2021. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 4ch day of February, 2021, at Rancho Cucamonga, California. Z�. nice C. Reynolds, Clerk Resolution No. FD 2021-002 - Page 2 of 2 EXHIBIT A TO RESOLUTION RESOLUTION NO. 2020-03 BEFORE THE BOARD OF DIRECTORS OF THE CONSOLIDATED FIRE AGENCIES Recommendation to Amend Consolidated Fire Agencies Joint Powers Agreement RECITALS 1. WHEREAS, Consolidated Fire Agencies ("CONFIRE") is a joint powers authority duly organized and existing under Section 6500 et seq. of the Government Code and its Joint Powers Agreement effective August 13, 1990,amended September 3,2013 and September 17, 2013, and amended again on or before December 4, 2019 (collectively, the "JPA", which is set forth in Appendix 1 to Exhibit A hereto). 2. WHEREAS, CONFIRE and its parties and member agencies, are considering the substantial amendment to the JPA as set forth in Exhibit B hereto. RESOLUTION NOW, THEREFORE, BE IT RESOLVED: 1. The Board of Directors recormnends that each current party to the JPA and member of CONFIRE take action to substantially amend the JPA as set forth in Exhibit B hereto. THIS RESOLUTION was passed and adopted by the Board of Directors of the Consolidated Fire Agencies at a regular meeting held on the tl �"'�' of .�.�,„ber, 2020, by the following roll call vote: AYES: .' NOES: 01 ABSENT: 'Al ABSTAIN: Signed and Approved by me after its passage. Chairperson of the Board of Directors Consolidated Fire Agencies ATTEST: Secretary to the Board of Directors Consolidated Fire Agencies 00156772.1 EXHIBIT B TO RESOLUTION JOINT POWERS AGREEMENT (Third Amended and Restated) This Joint Powers Agreement("Agreement") is by and between the public entities listed in Exhibit A (individually, a"Party," and collectively, the"Parties"). This Agreement is made and entered into as of ("Effective Date"). RECITALS 1. Prior Agreements. As authorized by Section 6500 of the Government Code, the Parties previously entered into a joint powers agreement relating to the operation of the Consolidated Fire Agencies of the East Valley (the "Existing Agreement"). The joint powers agreement was: a. Effective on ; and b. Amended on and 2. Desire to Amend. The Parties desire to amend the Existing Agreement. AGREEMENT 1. Amendment and Restatement. This Third Amended and Restated Agreement shall, on the Effective Date, supersede and replace the Existing Agreement. 2. Agency Established. a. Pursuant to Section 6500 et seq. of the Government Code, the legislative body of each Party hereby authorizes, by entry into this Agreement, the joint exercise of powers common to the Parties to further the Purpose, defined below. b. This joint exercise of powers shall be conducted by an agency or entity that is separate from the Parties to the Agreement and responsible for the administration of the Agreement. C. The name of that agency or entity created by this Agreement is: Consolidated Fire Agencies ("CONFIRE'). 3. Purpose and Method. a. The purpose of CONFIRE and this Agreement is, for the benefit of those persons served by the Parties and those persons served by other agencies who contract with CONFIRE for services, to engage in any lawful act or activity that arises out of or relates to the operation of a regional public safety communication system and cooperative program of fire protection, rescue and emergency medical services system (the "Purpose"). 00158226.1 Page 1 b. By way of illustration and not by limitation, the Purpose includes: (1) the provision of hardware, software, services, and other items necessary and appropriate for the establishment, operation, and maintenance of a regional public safety communications system; and (2) a cooperative program for dispatch of fire and emergency medical services and related functions for the mutual benefit of the members of CONFIRE; and (3) the provision of such services on a contract basis to other governmental agencies and private entities; and (4) the provision of a forum for discussion, study, development and implementation of recommendations of mutual interest regarding public safety, communications, operations and related matters within Parties and contracting agencies. C. The method by which the Purpose will be accomplished is any lawful act that arises out of or relates to the Purpose. 4. Powers of CONFIRE. CONFIRE shall have: a. All of the powers common to the Parties necessary or appropriate to the Purpose except the power of eminent domain ("Powers"). b. The Powers include, by way of illustration and not by limitation,the following: (1) To sue and be sued; (2) To acquire, hold, dispose of, convey and encumber the property, real and personal, and to create a leasehold interest in the property for the benefit of the Parties; (3) To appoint and employ necessary employees, to define their qualifications and duties, and to provide a pay schedule for performance of their duties; (4) To employ counsel; (5) To enter into and perform all necessary contracts; (6) To adopt a seal and alter it at its pleasure; (7) To issue revenue bonds pursuant to Government Code section 6540, et seq.; and 00158226.1 Page 2 (8) To apply for, receive and disburse grants, loans, or other funds from any private or public entity. 5. Restriction on Manner of Exercise of Powers of CONFIRE. The Powers of CONFIRE, such as the powers of CONFIRE relating to bidding, contracting, and procurement, are subject to the restrictions upon the manner of exercising the Powers of the "Restriction Designee" designated below: a. By default, San Bernardino County Fire Protection District is the Restriction Designee. b. Should San Bernardino County Fire Protection District withdraw or otherwise cease to be a Party to this Agreement,the Restriction Designee shall be Rancho Cucamonga Fire Protection District. C. Should both San Bernardino County Fire Protection District and Rancho Cucamonga Fire Protection District withdraw or otherwise cease to be a Party to this Agreement, the Restriction Designee shall be Chino Valley Fire District. d. Should San Bernardino County Fire Protection District, Rancho Cucamonga Fire Protection District, and Chino Valley Fire District, withdraw or otherwise cease to be a Party to this Agreement, the Restriction Designee shall be the remaining Parry that is first in alphabetical order. 6. Governance. CONFIRE shall be governed by a Board of Directors and an Administrative Committee. a. Board of Directors. (1) CONFIRE shall have a"Board of Directors,"which is hereby established and governed by the Brown Act. (2) The Board of Directors shall consist of one elected official appointed by the legislative body of each Party. (3) The legislative body of each Party shall designate in writing to CONFIRE its primary and alternate elected official to serve on the Board of Directors. (4) The Board of Directors is responsible for: (a) the appointment of a treasurer; (b) the appointment of an auditor; (c) providing recommendations to the governing bodies of the Parties regarding the addition of new parties to this Agreement; and (d) approval of the annual budget and assessment schedule of CONFIRE. 00158226.1 Page 3 (5) The Board of Directors may establish rules governing its own conduct and procedure, including Board Bylaws and Policies that are consistent with this Agreement (6) A quorum for the transaction of all business by the Board of Directors shall exist when a simple-majority (50.1%) of the members are present. (or is lawfully present via teleconference). (7) No one serving on the Board of Directors shall receive any salary or compensation from CONFIRE. (8) At its annual organizational meeting,the Board of Directors shall: (a) select one (1) of its Directors to serve as Chairperson of the Board of Directors and one Director to serve as the Vice Chairperson of the Board until the next annual meeting; and (b) establish a regular meeting schedule for the coming year. Unless waived by the Board of Directors, the Board of Directors shall schedule at least two (2) regular meetings per year. b. Administrative Committee. The purpose of the Administrative Committee is to meet regularly with the CONFIRE Director (and his/her staff) to provide advice, direction and consent on matters related to operations and administration. (1) CONFIRE shall have an "Administrative Committee," which is hereby established and governed by the Brown Act (2) The Administrative Committee shall consist of the Fire Chief of each Party. (3) The legislative body of each Party shall designate in writing to CONFIRE its primary, and one (1) alternate individual, to serve on the Administrative Committee. (4) At its annual organizational meeting,the Administrative Committee shall: (a) select one (1) of its Chiefs to serve as Chairperson of the Administrative Committee and one Chief to serve as the Vice Chairperson of the Administrative Committee until the next annual meeting; and (b) establish a regular meeting schedule for the coming year. (5) The Administrative Committee is responsible for all matters relating to the conduct of CONFIRE as delegated by the Board of Directors. 00158226.1 Page 4 (6) The Administrative Committee may establish rules governing its own conduct and procedure. (7) A quorum for the transaction of all business by the Administrative Committee shall exist when two-thirds of the members are present(or is lawfully present via teleconference). (8) No one serving on the Administrative Committee shall receive any salary or compensation from CONFIRE. (9) Policies. The Administrative Committee may establish policies to govern the affairs of CONFIRE that are consistent with this Agreement and applicable law. (10) Subsidiary Committees. (a) The Administrative Committee may establish subsidiary committees as it deems fit to: (i) Exercise authority lawfully delegated by the Administrative Committee (ii) Provide advisory recommendations to the Board of Directors or the Administrative Committee. (11) Except for those powers expressly reserved to the Board of Directors under this Agreement, the Administrative Committee has all express or implied powers which are consistent with applicable law and this Agreement. C. Voting. (1) Board of Directors (a) Each member of the Board of Directors shall cast one vote. (b) A vote may only be cast by that Party's director(primary or alternate) who is physically present(or is lawfully present via teleconference). (2) Administrative Committee (a) A member of the Administrative Committee,shall cast weighted votes set annually, effective July 1 based upon the dispatch incidents in the preceding Calendar Year as follows: (i) A Party that had at least 50% of the dispatch incidents in the preceding Calendar Year, four(4)votes. 00158226.1 Page 5 (ii) A Party that had between 15% and 49.9% of the dispatch incidents in the preceding Calendar Year, two (2)votes. (iii) All other Parties, one (1)vote. All transactions of business shall require a majority of eligible votes which may be different than the number of Parties. Example: Based on eight agencies, if an agency has 50% of the dispatch incidents, they are entitled to four votes, and the remaining agencies are entitled to one vote, the number of eligible votes would be a total of eleven. In this case six votes would be required for a majority. (iv) In the event that all agencies are not represented (i.e. full quorum), no two agencies shall be able to authorize the transaction of business on behalf of CONFIRE. If two agencies represent a majority of eligible votes and are the only two agencies voting to authorize action,the Board of Directors shall convene a meeting to consider the proposed action. (b) A vote (weighted vote) may only be cast by that Party's Administrative Committee representative (primary or alternate) who is physically present(or is lawfully present via teleconference). (c) If a merger of a member agency takes place with another member or contract agency that party shall cast weighted vote/votes according to the criteria noted in Section 6.C.2 above. (d) Should the number of Parties decline due to withdrawal, involuntary termination, merger etc. the percentages noted in Section 6.C.2 shall be revisited so that no two members becomes a super majority. d. Vacancies. A vacancy shall immediately occur in the office of any director of the Board of Directors,or member of the Administrative Committee,upon the resignation or death of such person holding such office, or upon his/her ceasing to be an officer or employee of the Party that appointed him or her. 7. Fiscal Contributions. a. Dispatch and Dispatch-Related Services. (1) Each Party shall pay its pro-rata share of all capital, operating, and related costs of CONFIRE that benefit all Parties (Universal Service). 00158226.1 Page 6 (2) Pro-rata share shall be calculated in the following manner: All dispatched incidents originating in a Party's respective jurisdiction over the immediately preceding one (1) calendar year divided by All dispatched incidents dispatched by CONFIRE over the immediately preceding one(1) calendar year. b. Additional Services. A Party or Parties shall pay for any additional services that are received or requested by the Party or Parties if those additional services (seat-based) are not also deemed by the Administrative Committee as a Universal Service, of general benefit to CONFIRE and made available to all Parties. Additional services shall be provided by CONFIRE at rates to be determined by the Administrative Committee. C. Other Costs and Expenses. The Parties recognize that, from time-to-time, CONFIRE may incur costs and expenses which are not directly related to the provision of services to Parties. In addition to the payments specified in Sections 7.a and 7.b above,each Party shall pay its pro-rata share of such costs and expenses upon approval by the Administrative Committee. d. Ongoing Financial Obligations. Each Party is responsible for its pro-rata share of any obligation which was incurred at a time when that entity was a Party. This shall include, by way of illustration and not limitation: long-term debt and multi-fiscal- year debt related to the above described Services, Costs and Expenses. (1) Pro-rata share shall be in the same proportion as that entity's pro-rata share determined pursuant to Section 7.a.2 of the Agreement. (2) The pro-rata obligation of each Party is immediately binding on the Party at the time the obligation is incurred. e. Billing. (1) CONFIRE shall bill each Party for its Fiscal Contributions quarterly, unless a request is made and approved for bi-annual billing. The Parties shall pay the bill within sixty (60)days of receipt. (2) Any Party whose bill has not been paid within sixty(60)days may be deemed by CONFIRE to be in default and required to pay interest on the unpaid balance, not to exceed one (1)percent per month ("Defaulting Party"). (3) CONFIRE has the power, at its option, to take the following action against a Defaulting Party: 00158226.1 Page 7 (i) commence an action in its own name against the Defaulting Party to recover the amount of the obligation due to CONFIRE hereunder;or (ii) suspend the voting rights of the Defaulting Party until all Fiscal Contributions have been paid; or (iii) involuntarily terminate the Defaulting Party as set forth in Paragraph 12, below. 8. Accountability and Audits. CONFIRE shall be strictly accountable for all funds and shall report all receipts and disbursements, as required by Government Code section 6505. a. Pursuant to Section 6505.6 of the Government Code, the Board of Directors may designate a CONFIRE employee as treasurer and auditor of CONFIRE as set forth in Section 6505.5. b. The CONFIRE treasurer and auditor shall perform the duties set forth in Section 6505 of the Government Code. C. The CONFIRE treasurer and auditor shall cause an independent audit of CONFIRE to be made by a certified public accountant,or public accountant, in compliance with Section 6505 of the Government Code. 9. Indemnification. a. To the furthest extent permitted by law, each Party, including CONFIRE, hereby agrees to defend, indemnify, and hold CONFIRE and the other Parties, and their respective officials, officers, agents, employees, and volunteers free and harmless from any and all liability or claims for personal injury, death, and property damage to the extent that it may arise from the indemnifying party's breach of this Agreement or negligent or otherwise tortious acts or omissions. b. CONFIRE and each Party shall procure and maintain their own general liability,auto, professional, and worker's compensation policies with limits set out in Exhibit B, as amended from time to time by the Board of Directors, attached hereto and incorporated herein by reference. To the extent that CONFIRE or any Party does not have an employee,workers compensation coverage shall not be required. CONFIRE and each Party may satisfy the insurance requirement set forth herein with an adequate self-insurance program or participation in a public agency insurance pool. 10. Force Maieure. Neither CONFIRE nor any of the Parties shall be held responsible or liable to any other Party or CONFIRE for any loss, damage or delay caused by accidents, strikes, lockouts,fire,flood,act of civil or military authority or by insurrection or riot or by any other cause which is beyond its control. 00158226.1 Page 8 11. Withdrawal. Any Party may withdraw as a party to this Agreement as follows: a. Notice of Intent to Withdraw shall be given not less than eighteen (18) months prior to the proposed date that the withdrawal shall take effect. (1) Notice of Intent to Withdraw shall be in writing and addressed to the Chairperson of the Board of Directors of CONFIRE at its primary address (currently 1743 Miro Way, Rialto CA 92376). (2) Notice of Intent to Withdraw must be accompanied by a proof of service that notice was sent by certified mail with return receipt requested. Notice shall be considered given on the date of service. b. June 30 (11:59 p.m.), annually, shall be the only month and day on which a withdrawal shall take effect. C. No withdrawing Party shall be entitled to any payment for its interests or assets in CONFIRE upon withdrawal. d. Notwithstanding Paragraph I La.,no Party may withdraw until they have: (1) Either,paid in full their pro-rata share of all outstanding debts and obligations that were incurred while they were a Party. This shall include, by way of illustration and not limitation: long-term debt,pension obligations and multi- fiscal-year debt. (2) Or, executed a contract with CONFIRE to pay for all outstanding debts and obligations that were incurred while they were a Party. 12. Involuntary Termination. a. This Agreement may be terminated with respect to a Party for material non- compliance with provisions of this Agreement upon a no less than a two-thirds vote of the Board of Directors, excluding the vote of the Party subject to possible termination. Prior to any vote to terminate this Agreement with respect to a Party, written notice of the proposed termination shall be provided. The written notice of proposed termination shall identify the specific provisions of this Agreement that the Party has allegedly violated and provide notice of the right to provide a written response within ten (10) business days, either evidencing compliance with the terms of this Agreement or a plan to cure the default and a reasonable timeline acceptable to CONFIRE within which the Party subject to termination will diligently prosecute the same to completion. b. In the event that the Party subject to possible termination is unable to provide satisfactory evidence of their compliance with the Agreement or ability to cure the default,the Party subject to possible termination shall have the right to respond to the reasons for the proposed termination at the Board of Directors meeting prior to any vote regarding termination. Any vote for termination by the Board of Directors shall 00158226.1 Page 9 be at least forty (40) business days after delivery of the written notice identified in Paragraph 12(a), above. C. Any Parry that is involuntarily terminated in accordance with Paragraph 12(a),above, shall remain responsible for their pro-rata share of all outstanding debts and obligations that were incurred while they were a Party. This shall include, by way of illustration and not limitation: long-term debt,pension obligations and multi-fiscal- year debt. 13. Enforcement. CONFIRE is hereby given authority to enforce this Agreement. If suit is necessary to enforce any of the provisions of this Agreement, CONFIRE and the Parties shall pay their own reasonable attorney fees, regardless of who is the prevailing party. 14. Dissolution. a. This Agreement may be dissolved and terminated, in its entirety, by a Board of Directors' vote to terminate that is not less than ninety percent (90%) of the total number of votes of the then-remaining Parties. b. No assets may be distributed (divided or returned) until all outstanding debts and obligations have been resolved. Resolved means that each Party has: (1) Either paid their pro-rata share of all outstanding debts and obligations that were incurred while they were a Party; or (2) Executed a contract with CONFIRE to pay for all outstanding debts and obligations that were incurred while they were a Party. (3) All assets of CONFIRE will be distributed in proportion to the contributions of the Parties during the fiscal year of dissolution. 15. Debts. a. To the furthest extent permitted by law, the debts, liabilities and obligations of CONFIRE shall not be the debts, liabilities, and/or obligations of the Parties. b. Notwithstanding Paragraph 15.a, with respect to the retirement liabilities of CONFIRE: (1) The debts, liabilities and obligations of CONFIRE shall be the debts, liabilities, and/or obligations of the Parties. (2) Pursuant to Section 6508.2 of the Government Code, the Parties agree to apportion CONFIRE's retirement obligations among themselves as follows: 00158226.1 Page 10 (a) Each Party is responsible for its pro-rata share of any retirement obligations of CONFIRE which were incurred at a time when that entity was a Party ("Retirement Obligation"). (b) Pro-rata share shall be in the same proportion as that entity's pro-rata share determined pursuant to Section 7.a.2 of the Agreement. (c) The pro-rata obligation of each Party is immediately binding on the Party at the time the obligation is incurred. (d) In the event that one Party is forced to pay the Retirement Obligation of another Party by virtue of joint and several liability with respect to retirement liabilities of joint powers authorities under A.B. 1912 (2018), affecting Sections 6508.1, 6508.2, 20574.1, 20575, and 20577.5 of the Government Code effective January 1, 2019: i. The Party that failed to pay its Retirement Obligation ("Defaulting Party") shall indemnify the Party that paid the Defaulting Party's Retirement Obligation actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings,responsibilities,violations,reasonable attorney's and consultants' fees and causes of action to property or persons(each a"Claim")to the extent that the Claim arises out of, pertains to, or relates to the Defaulting Party's failure to pay its Retirement Obligation (collectively, the Defaulting Party Indemnity"). ii. Each Party hereby irrevocably waives sovereign immunity with respect to any assets it may have or later acquire to the extent necessary for another Party to recover under the Defaulting Party Indemnity. iii. To the extent that a Defaulting Party is unable to satisfy its obligations under the Defaulting Party Indemnity by virtue of its insolvency("Defaulting Party Insolvency"),the Retirement Obligation of each Party other than the Defaulting Party shall be increased in the amount of its pro-rata share of the Defaulting Party Insolvency in the same proportion as that entity's pro-rata share determined pursuant to Section 7.a.2 of the Agreement. iv. CONFIRE Assets, if applicable shall be utilized first to satisfy retirement obligations of a Defaulting Party before the remaining parties are obligated pay their pro-rata shares. 00158226.1 Page 11 16. Provisions Required by Law Deemed Inserted. a. This Agreement is subject to all provisions of the Constitution and laws of California and the United States which: (1) govern, control, or affect CONFIRE and/or the Parties; or (2) the property, funds, operations, or powers of CONFIRE and/or the Parties. b. Such provisions are by this reference made a part of this Agreement. C. Any provision required by law to be included in this Agreement shall be deemed to be inserted; and, had that provision been included in the most recent former joint powers agreement of CONFIRE,then such provision shall be deemed inserted in the form set forth in the most recent former joint powers agreement of CONFIRE. 17. Amendment. a. This Agreement may be amended as follows: (1) The Board of Directors adopts a Resolution recommending the amendment which will be presented to the governing body of each Party for ratification. (2) The Amendment shall be effective when the required Resolution Recommending Amendment has been ratified by the governing bodies of all Parties. . IN WITNESS WHEREOF, the undersigned public agencies have set their signature on the respective dates set forth below. This document may be signed in duplicate originals or counterparts. ATTEST: APPLE VALLEY FIRE PROTECTION DISTRICT A Fire Protection District Date: Date: By: Clerk, Board of Directors of Apple President, Board of Directors of Apple Valley Fire Protection District Valley Fire Protection District 00158226.1 Page 12 ATTEST: CHINO VALLEY FIRE DISTRICT A Fire Protection District Date: Date: By: Clerk, Board of Directors of the Chino President, Board of Directors of the Valley Fire District Chino Valley Fire District ATTEST: CITY OF COLTON A Municipal Corporation Date: Date: By: City Clerk Mayor ATTEST: CITY OF LOMA LINDA A Municipal Corporation Date: Date: By: City Clerk Mayor 00158226.1 Page 13 ATTEST: CITY OF REDLANDS A Municipal Corporation Date: Date: By: City Clerk Mayor ATTEST: CITY OF RIALTO A Municipal Corporation Date: Date: By: City Clerk Mayor ATTEST: CITY OF VICTORVILLE A Municipal Corporation Date: Date: By: City Clerk Mayor ATTEST: RANCHO CUCOMONGA FIRE PROTECTION DISTRICT A Fire Protection District Date: Date: By: Secretary, Board of Directors President, Board of Directors 00158226.1 Page 14 ATTEST: SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT A Fire Protection District Date: Date: By: Secretary of the San Bernardino Chairman, Board of Directors of the San County Fire Protection District Bernardino County Fire Protection District 00158226.1 Page 15 EXHIBIT A TO JOINT POWERS AGREEMENT (Third Amended and Restated) The Parties to the Agreement are: • Apple Valley Fire Protection District, a fire protection district duly formed and existing under the Fire Protection District Law of 1987, Government Code section 13800 et seq. ("Apple Valley FPD"); and • Chino Valley Fire District, a fire protection district duly formed and existing under the Fire Protection District Law of 1987, Government Code section 13800 et seq. ("Chino Valley FPD"); and • City of Colton, a general law city duly formed and existing under Art. XI, section 7 of the California Constitution ("Colton"); • City of Loma Linda, a charter city duly formed and existing under Art. XI, section 5 and section 7 of the California Constitution ("Loma Linda"); • City of Redlands, a general law city duly formed and existing under Art.XI, section 7 of the California Constitution ("Redlands"); • City of Rialto, a general law city duly formed and existing under Art. XI, section 7 of the California Constitution ("Rialto'); 0 City of Victorville, City of Victorville, a municipal corporation duly authorized and existing under Government Code Section 34000 et seq. ("Victorville"); • Rancho Cucamonga Fire Protection District, a fire protection district duly formed and existing under the Fire Protection District Law of 1987, Government Code section 13800 et seq. ("Rancho Cucamonga FPD"); and • San Bernardino County Fire Protection District, a fire protection district duly formed and existing under the Fire Protection District Law of 1987, Government Code section 13800 et seq. ("San Bernardino County FPD"). 00158226.1 Page 16 EXHIBIT B TO JOINT POWERS AGREEMENT (Third Amended and Restated) INSURANCE SPECIFICATIONS 1. Workers' Compensation/Employers Liability A program of Workers'Compensation insurance or a State-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with two hundred and fifty thousand dollar ($250,000) limits, covering all persons, including volunteers, providing services on behalf of Party and all risks to such persons under this Agreement. 2. Commercial/General Liability Insurance Party shall carry General Liability Insurance covering all operations performed by or on behalf of Party providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include: a. Premises operations and mobile equipment. b. Products and completed operations. C. Broad form property damage (including completed operations) d. Explosion, collapse and underground hazards. e. Personal Injury f. Contractual liability g. $2,000,000 general aggregate limit 3. Automobile Liability Insurance Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars($1,000,000) for bodily injury and property damage,per occurrence. If Party is transporting one or more non-employee passengers in performance of services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence. 4. Umbrella Liability Insurance An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability. 5. Cyber Liability Insurance - Cyber Liability Insurance with limits of no less than $1,000,000 for each occurrence or event with an annual aggregate of$2,000,000 covering privacy violations, information theft, damage to or destruction of electronic information, 00158226.1 Page 17 intentional and/or unintentional release of private information, alteration of electronic information, extortion, network security, breach response cost, and regulatory fines and penalties. 00158226.1 Page 18